NOVI SURGERY CENTER LLC V JOHN MONTGOMERY

Court of Appeals, State of Michigan
ORDER
NOVI SURGERY CENTER LLC V JOHN MONTGOMERY
Docket No. 378083
LC No. 2024-209657-CK
Michael F. Gadola, Chief Judge, acting under MCR 7.203(F)(1), orders:
The claim of appeal is DISMISSED for lack of jurisdiction because it was not filed within
21 days of entry of the final order appealed from and the motion for post-judgment relief was not timely
filed within the initial 21-day period or within further time allowed by the trial court. MCR
7.204(A)(1)(d). Although the motion for reconsideration was timely filed from the order denying the
motion for relief from judgment, the motion for relief from judgment was not timely filed and cannot be
used to extend the time to file the claim of appeal. Dismissal is without prejudice to the filing of a late
appeal under MCR 7.205(A)(4), provided such a filing meets all requirements under the court rules and
is not time-barred.
A true copy entered and certified by Jerome W. Zimmer Jr., Chief Clerk, on
Date
November 18, 2025

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